The Tribunal Procedure (Upper Tribunal) Rules 2008

Decision on permission or summary dismissal, and reconsideration of permission or summary dismissal at a hearing

This section has no associated Explanatory Memorandum

30.—(1) The Upper Tribunal must send to the applicant, each respondent and any other person who provided an acknowledgment of service to the Upper Tribunal, and may send to any other person who may have an interest in the proceedings, written notice of—

(a)its decision in relation to the application for permission; and

[F1(b)the reasons for any—

(i)refusal of the application or refusal to admit the late application, or

(ii)limitations or conditions on permission.]

(2) In proceedings transferred from the Court of Session under section 20(1) of the 2007 Act, where the Upper Tribunal has considered whether summarily to dismiss of the proceedings, the Upper Tribunal must send to the applicant and each respondent, and may send to any other person who may have an interest in the proceedings, written notice of—

(a)its decision in relation to the summary dismissal of proceedings; and

(b)the reasons for any decision summarily to dismiss part or all of the proceedings, or any limitations or conditions on the continuation of such proceedings.

(3) Paragraph (4) applies where the Upper Tribunal, without a hearing—

[F2(a)determines an application for permission to bring judicial review proceedings by—

(i)refusing permission or refusing to admit the late application, or

(ii)giving permission on limited grounds or subject to conditions]

(b)in proceedings transferred from the Court of Session, summarily dismisses part or all of the proceedings, or imposes any limitations or conditions on the continuation of such proceedings.

(4) [F3Subject to paragraph (4A), in] the circumstances specified in paragraph (3) the applicant may apply for the decision to be reconsidered at a hearing.

[F4(4A) Where the Upper Tribunal refuses permission to bring immigration judicial review proceedings [F5or refuses to admit a late application for permission to bring such proceedings] and considers the application to be totally without merit, it shall record that fact in its decision notice and, in those circumstances, the applicant may not request the decision to be reconsidered at a hearing.]

(5) An application under paragraph (4) must be made in writing and must be sent or delivered to the Upper Tribunal so that it is received within 14 days[F6, or in [F7immigration judicial review] proceedings 9 days,] after the date on which the Upper Tribunal sent written notice of its decision regarding the application to the applicant.

Textual Amendments